The government’s approach to flight risk has become more restrictive under the current administration. Immigration judges across the country are growing increasingly reluctant to grant bond. In addition, the Board of Immigration Appeals’ (BIA’s) decision in Matter of A–W–M–K– hands U.S. Department of Homeland Security (DHS) attorneys fresh footing to argue that a respondent’s prospects for relief are too speculative to justify release. In this new climate, practitioners need a stronger playbook for building the record of a plausible path to relief that a flight risk finding cannot easily dismiss. Our panel of former immigration judges will walk through how bond and flight risk determinations are made from the bench. They will advise attorneys on how best to rebut speculation arguments, deploy monetary bond and alternative conditions of supervision, and effectively advocate in post-habeas hearings where the burden has shifted to the government.

Featured Topics

• Defining “flight risk” as a spectrum of risk rather than the new “all or nothing” approach
• Defending against DHS positions that relief is “merely speculative,” and building a record of a plausible, non-frivolous path to relief that anchors a respondent to the proceedings
• Advocating in the wake of the BIA’s recent flight risk decision: Matter of A–W–M–K–, 29 I&N Dec. 805 (BIA 2026)
• Using monetary bond and alternative conditions of supervision to mitigate perceived flight risk and support a request for release
• Arguing that statutory eligibility for voluntary departure is itself a form of relief that can weigh against a finding of flight risk
• Litigating post-habeas custody hearings with a shifted burden of proof

Faculty

Kerry Doyle (DL), Boston, MA 

Kerry Doyle has more than twenty-five years of experience in the immigration and refugee law and policy arena, having recently served as Deputy General Counsel (DGC), Office of General Counsel (OGC), Department of Homeland Security (DHS) in the Biden Administration. Following her service at DHS, Ms. Doyle was appointed by the Attorney General as an Immigration Judge in the Chelmsford, Massachusetts Immigration Court in December 2024. Her service was cut short in February 2025 due to the current administration’s interest in reducing staffing in the federal government. Prior to DHS, Ms. Doyle was managing partner of a small immigration firm focused on complex removal cases and federal litigation. Kerry earned a BA from The George Washington University, and a JD cum laude from the American University, Washington College of Law.

Andrea Sáenz, AILA Amicus Committee Vice Chair, Arlington, VA  

Andrea Sáenz is an immigration lawyer, teacher, and writer with over 17 years of experience in nonprofits, government, and academia. She previously served as an Appellate Immigration Judge with the Board of Immigration Appeals from 2021 to 2025, adjudicating thousands of appeals and motions and training new Immigration Judges and attorney advisors.

Noelle Sharp, Houston, TX 

Noelle Sharp is the USCRI Director of UAC Services in Houston, TX. Before joining USCRI, she worked as a lobbyist for LGTBQ rights. From 2021-2025, she served as Assistant Chief Immigration Judge of Houston's S. Gessner Immigration Court. Prior to working for DOJ, she was a removal defense attorney for 11 years and, before that, worked as Refugee Settlement Director for Catholic Charities in Florida. She is a member of the Round Table of Former Immigration Judges and former WA AILA representative. Noelle received her JD from Stetson University College Of Law (2005). 

Jeremiah Johnson, Former Immigration Judge, San Francisco, CA

Jeremiah Johnson is a former Immigration Judge with the Department of Justice and former Asylum Officer with the Department of Homeland Security. Prior to public service, Jeremiah practiced immigration law representing migrants and asylum seekers before the immigration agencies and federal courts. He is now counsel at Johnson Law and Consulting.

AILA Membership Benefit

AILA Membership Benefit – Access to Free Seminar Recordings
Enjoy access to free seminar recordings as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free.